ILLINOIS POLLUTION
    CONTROL BOARD
    June
    28,
    1973
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 72—113
    ELESCO SMELTING COMPANY,
    Respondent.
    Herman R,
    Tavins, Assistant Attorney General,
    on behalf of
    Complainant;
    Alan Jacobs on behalf of Respondent.
    OPINION AND ORDER OF
    THE
    BOARD
    (by
    Mr.
    Seaman)
    On March
    24,
    1972,
    the Agency filed an enforcement action
    before this Board alleging that Respondent’s smelting plant was
    operated in such
    a manner as to violate Section 9(a)
    of the
    Environmental Protection Act,
    Ill.
    Rev.
    Stat., Chapter 111
    1/2,
    Section 1009 (a) (1971),
    and that equipment was installed by
    Respondent without having
    a permit issued by the Agency
    in viola-
    tion
    of
    Section 9(b) of the Act.
    On June
    8,
    1972,
    the Agency
    amended its complaint to allege violation of Rule 3-3.111
    of
    the
    Rules and Regulations Governing the Control of Air Pollution and
    Section 9(b)
    of the Act.
    Respondent, Elesco Smelting Company, was a smelter of
    primarily brass and bronze scrap, located in Chicago, County of
    Cook,
    Illinois.
    Respondent’s operations were
    “batch”
    in nature.
    The plant consisted of four reverberatory furnaces and one rotary
    furnace,
    all used to melt brass and bronze scrap.
    This
    action comes before the Board with a Stipulation and
    Proposal for Settlement entered into by the respective parties.
    In Paragraph
    8 of that Stipulation,
    the Agency indicates that
    it
    now believes that its allegation that
    a violation of Section
    9(b)
    of
    the Act occurred is not supported by the available evidence
    and that,
    therefore,
    the allegation
    is withdrawn.
    The Agency’s allegations regarding violations of Section 9(a)
    of the Act are based on five visual observations of smoke emis-
    sions
    from Respondent’s facility.
    The smoke observed had an
    opacity varying from
    40
    to 80.
    8
    —
    383
    —2—
    On August
    3,
    1972, Respondent discontinued all smelting
    operations at its facility and disassembled all related equip-
    ment.
    The facility is now maintained as a warehouse for
    intermediate shipping.
    This Opinion constitutes
    the
    findings of fact and conclu-
    sions of law of the Board.
    IT IS THE
    ORDER of the Pollution Control Board that:
    1.
    Respondent,
    Elesco Smelting Company, cease and desist
    from violation of Section 9(a)
    of the Environmental Protection
    Act;
    2.
    Respondent shall not re-open
    the
    subject facility
    without obtaining the necessary permits from the Environmental
    Protection Agency;
    3.
    Respondent shall pay to the State of Illinois within
    35
    days
    from the date of this Order, the sum of $1,000 as
    a
    penalty for the violations found in this proceeding.
    Penaly
    payment by certified check or money order payable to the State
    of Illinois shall be made to:
    Fiscal Services Division,
    Illinois
    Environmental Protection Agency,
    2200 Churchill Road, Soringfield,
    Illinois
    62706.
    I, Christan
    L.
    Moffett, Clerk
    of
    the Illinois Pollution Control
    Board, certify that the above Opinion and Order was adopted by
    the Board on the ~
    day of
    ~
    ,
    1973,
    by a
    voteof
    .3
    to
    o

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